10.072 Wetlands Reserve Program

Direct Payments for Specified Use

State

Local

Individual/Family

Native American Organization

A--Agriculture

A-Resource Conservation, Development

A-Stabilization and Conservation Service;

       (WRP)

 

FEDERAL AGENCY: NATURAL RESOURCES CONSERVATION SERVICE, DEPARTMENT OF AGRICULTURE

AUTHORIZATION: Food Security Act of 1985, Title XII, Public Law 99-198, as amended; Food, Agriculture, Conservation, and Trade Act of 1990, Title XIV, Section 1237, Public Law 101-624, 104 Stat. 3584, 7 U.S.C. 3837, as amended; Omnibus Budget Reconciliation Act of 1993; Federal Agriculture Improvement and Reform Act of 1996; Agriculture Appropriations Act of 1998.

OBJECTIVES: To restore and protect farmed wetlands, prior converted wetlands, wetlands farmed under natural condition, riparian areas, and eligible buffer areas for landowners who have eligible land on which they agree to enter into a permanent or long-term easement or restoration agreement contract with the Secretary.  The goal of WRP is to have 975,000 acres enrolled by the year 2002 with one-third as permanent easements, one-third as 30-year easements and one-third as restoration agreement acres.

TYPES OF ASSISTANCE: Direct Payments for Specified Use.

USES AND USE RESTRICTIONS: Eligible landowners may offer farmed wetlands, prior converted wetlands, wetlands farmed under natural condition, intensively managed pasture and hayland riparian areas, along with eligible buffer areas to be placed under a permanent or 30-year easement or restoration agreement.  A deed restriction covering the land approved under easement must be recorded in the local land deeds office. The landowner will receive financial and technical assistance to install necessary restoration practices on the land under easement or the practice will be installed by the Secretary.  Subject to the acceptance of an offer by the Federal Government, the landowner will receive in cash an amount specified in the WRP contract but not to exceed the fair agricultural market value of the land "as is" condition less the fair market value of such land encumbered by the permanent easement or 75% for a 30-year easement.  The landowner shall ensure that the easement granted to Natural Resources Conservation Service (NRCS) is superior to the rights of all others and shall agree to implement a wetland restoration plan designed to restore and maintain the easement area. The plan will include a designated access route to be used as necessary for easement management and monitoring.  The landowner shall agree to a permanent retirement of crop acreage bases, allotments, and quotas to the extent that the sum of the crop acreage bases and allotments will not exceed the remaining cropland of the present farm or subsequently reconstituted farm.  In cases involving restoration agreements there is only on restoration cost-share and no land payment.

ELIGIBILITY REQUIREMENTS:

Applicant Eligibility: An individual landowner, partnership, association, corporation, estate, trust, other business or other legal entities and, whenever applicable, a State, a political subdivision of a State, or any agency thereof owning private croplands.

Beneficiary Eligibility: An individual landowner, partnership, association, corporation, estate, trust, other business enterprises or other legal entities and, whenever applicable, a State, a political subdivision of a State, or any agency thereof owning private croplands will benefit.

Credentials/Documentation: The landowner must have owned the land offered for at least the preceding 12 months prior to the end of the period in which the intent to participate in an easement is declared unless the land was acquired by will or succession as a result of the death of the previous owner; or the Department determines that the new owner did not acquire such land for the purpose of placing it in the WRP.  This program is excluded from coverage under OMB Circular No. A- 87.  The 12 month requirement is not applicable to restoration agreement.

APPLICATION AND AWARD PROCESS:

Preapplication Coordination: An environmental impact assessment has been prepared for this program.  This program is excluded from coverage under E.O. 12372.

Application Procedure: Submit an intention to enroll to the local NRCS office that serves the area in which the farm or ranch is located during the designated sign-up period.  This program is excluded from coverage under OMB Circular Nos. A-102 and A-110.

Award Procedure: The States will provide a list of potential acceptable offers and request for allocation of funds.  The Department will allocate funding in a manner designed to achieve cost effectiveness and maximum wetland restoration based wildlife benefits. The States will notify the landowners of the status of their intention.  This process will be completed as soon as practical after funding becomes available. For all tentatively accepted intentions a market analysis or appraisal of agriculture value will be conducted.  The market analysis will be conducted by NRCS personnel with the assistance of other Federal, State and private entities having knowledge of market conditions.  Appraisals will be done by certified appraiser.

Deadlines: The intention to participate must be filed at the county ASCS office during the designated sign-up period.  Currently there is an open continuous sign-up period.

Range of Approval/Disapproval Time: From 60 to 180 days after the application is filed with the NRCS.  Landowner application may remain on sign-up list for subsequent funding consideration.

Appeals: Landowner may appeal any determination to the National Appeals Division.

Renewals: The land offered may be reoffered in a future sign-up unless land or landowner is ineligible.

ASSISTANCE CONSIDERATIONS:

Formula and Matching Requirements: Lump sum payments or annual payments (e.g., first to thirty) are made for easements.  Cost-share payments 100 percent of the cost of implementing the Wetland Restoration Plan will be paid for a permanent easement with 75 percent of permanent easement amounts being paid for 30-year easements and cost-share agreements.

Length and Time Phasing of Assistance: Cash easement payments will be made in a lump sum amount, or in annual installments beginning at closing. Cost share payments for implementation of easement practices will be made when a specific practice has been implemented by either the landowner or contractor.

POST ASSISTANCE REQUIREMENTS:

Reports: None.

Audits: Recipients are subject to audit by the Office of Inspector General, USDA.

Records: Records will be maintained in the county NRCS office, State NRCS office and Federal Record Centers for the length of the agreement.  The easement (deed restriction) and applicable documents will be filed in the local land records office for the duration of the easement.  Agreements are filed with the Agency.

FINANCIAL INFORMATION:

Account Identification: 12-1080-0-1-302; 12-4336-0-1-302.

Obligations: (Includes Appropriated and CCC transfer funds) FY 99 $214,610,151; FY 00 est $179,654,327; and FY 01 est $286,142,000.

Range and Average of Financial Assistance: Not applicable.

PROGRAM ACCOMPLISHMENTS: Fiscal year 2000 funds will provide for the enrollment of an estimated 150,000 acres and the program will continue to be implemented nationwide.

REGULATIONS, GUIDELINES, AND LITERATURE: The program is announced through news media and in letters to agricultural landowners in the county.  Regulations published in the Federal Register and 7 CFR XIV.

INFORMATION CONTACTS:

Regional or Local Office: Consult the local telephone directory for location of the NRCS office.  If no listing, contact the appropriate State NRCS office listed in the NRCS Section of Appendix IV of the Catalog.

Headquarters Office: Watersheds and Wetlands Division, Natural Resources Conservation Service, Department of Agriculture, P.O. Box 2890, Washington, DC  20013.  Telephone:  (202) 690-0848.  Use the same number for FTS.

RELATED PROGRAMS: 10.069, Conservation Reserve Program; 10.904, Watershed Protection and Flood Prevention.

EXAMPLES OF FUNDED PROJECTS: Not applicable.

CRITERIA FOR SELECTING PROPOSALS: All offers are screened at both the local and State level to determine the acceptability of the intention to ensure that offers will not be accepted in excess of the value of agricultural land in its "as is" condition; and long-term costs for providing easement access route.  Offers will be evaluated based on the environmental benefits and government expenditures on restoration and easement purchase and the requirement that wildlife benefits be maximized.